Judicial review in Bangladesh lets a person or business ask the High Court Division to examine whether a government body acted lawfully, fairly and within its powers. Under Article 102 of the Constitution, the court can quash unlawful decisions, compel officials to act and protect fundamental rights.

What judicial review in Bangladesh is

Judicial review in Bangladesh is the power of the superior courts to check that public power is used lawfully. That power sits with the High Court Division of the Supreme Court and comes directly from Article 102 of the Constitution. Proceedings are brought by a writ petition, which is why practitioners often simply call it "writ jurisdiction".

In judicial review in Bangladesh, the court is not an appeal body. It does not ask whether the minister, regulator or officer made the best decision. It asks whether the decision-maker had power to act, followed a fair procedure, considered the right matters and reached a conclusion a reasonable authority could reach. If not, the court can set the decision aside and, in some cases, direct the authority to decide again according to law.

Why it matters to businesses and individuals

Most people meet public power in ordinary ways: a licence refused, a tender rejected, a bank account frozen, a demand from a tax office, a building plan cancelled, or a name placed on a travel restriction list. Judicial review in Bangladesh is often the only route to an independent court when the statute gives no appeal, or when the authority has acted so far outside its powers that an internal appeal would be pointless.

The constitutional basis: Article 102

Every application for judicial review in Bangladesh starts from Article 102, which has two parts. The first allows the High Court Division, on the application of any person aggrieved, to give directions or orders to any person or authority to enforce the fundamental rights in Part III of the Constitution. The second sets out the classic writs, available where no other equally efficacious remedy is provided by law.

Article 102(5) defines the bodies amenable to the writs. "Person" includes a statutory public authority, and the jurisdiction covers persons performing functions in connection with the affairs of the Republic. Purely private companies are generally outside it, although bodies created by statute or exercising public functions can be reached. For a fuller description of each writ, see our guide to writs and writ cases in Bangladesh.

Grounds for judicial review in Bangladesh

Courts in Bangladesh draw on the common law grounds developed in England and across South Asia, adapted to a written constitution with enforceable fundamental rights. A strong petition usually relies on more than one ground.

• Lack of jurisdiction. The authority acted without power under its statute, or delegated power it was not allowed to delegate.
• Error of law. The authority misread the statute or applied the wrong legal test.
• Procedural unfairness. The person affected was not given notice, a chance to respond or a fair hearing, contrary to natural justice.
• Irrelevant or ignored considerations. The authority took into account something it should not have, or ignored something it had to consider.
• Unreasonableness. The decision is so unreasonable that no reasonable authority could have made it.
• Malice or improper purpose. The power was used for a purpose other than the one for which it was given, or in bad faith.
• Legitimate expectation. The authority went back on a clear promise or established practice without good reason or a fair process.
• Violation of fundamental rights. The decision infringes a right such as equality before the law, freedom of profession or trade, or protection of property, without lawful justification.

Reasons and the record

Many applications for judicial review in Bangladesh succeed or fail on the paper trail. If the authority gave no reasons, or its reasons do not match the record, that gap often supports an argument that relevant matters were ignored. Obtain every notice, order and piece of correspondence before drafting, and ask in writing for the reasons if none were given.

Who can apply: standing

Except for habeas corpus and quo warranto, which any person may seek, the applicant must be a "person aggrieved". The Appellate Division gave that phrase a broad meaning in Dr Mohiuddin Farooque v Bangladesh (1997), holding that a person or organisation acting bona fide in the public interest can have standing where a public wrong affects many people.

That decision opened judicial review in Bangladesh to public interest litigation on the environment, consumer protection, public health and human rights. For businesses, standing is usually straightforward: a company whose licence, tender, account or property is directly affected is plainly aggrieved. Trade associations can sometimes bring petitions on behalf of members, but a petition brought in the names of directly affected companies is safer.

Limits on judicial review in Bangladesh

The writ jurisdiction is wide but not unlimited. Before filing, check each of the following.

Alternative remedies

The classic writs are available only where no other equally efficacious remedy is provided by law. If a statute gives an appeal, for example to a tax appellate tribunal or to a review panel under the Public Procurement Act 2006, the court will usually expect it to be used first. The courts have recognised exceptions where the authority acted wholly without jurisdiction, in bad faith or in violation of fundamental rights, or where the alternative remedy is illusory.

Service matters and Article 117

Disputes about the terms and conditions of service of persons in the service of the Republic generally go to the Administrative Tribunals under Article 117 of the Constitution and the Administrative Tribunals Act 1980. The writ court will usually decline such petitions unless the matter falls outside the tribunal's jurisdiction.

Delay

No statute fixes a limitation period for writ petitions, but the court can refuse relief where the petitioner delayed without explanation and others have relied on the decision in the meantime. As a working rule, file within weeks of the decision, not months, and explain any delay in the petition.

Disputed facts and contracts

Judicial review in Bangladesh is decided on affidavits. Where the case turns on seriously disputed facts that need witness evidence, the court may direct the parties to a civil suit. Purely contractual disputes with a public body, such as a claim for unpaid invoices, also usually belong in the civil courts or arbitration, unless a public law element such as arbitrariness in awarding or cancelling a contract is involved.

Common business uses of judicial review

In our experience, the decisions businesses most often bring to judicial review in Bangladesh are these:

Tax challenges need particular care, because the tax statutes contain detailed appeal routes and the court often insists that they be used. The writ court remains available where the demand is made without jurisdiction or in clear breach of natural justice.

The writ process step by step

Judicial review in Bangladesh follows a well-established sequence in the High Court Division. The Supreme Court's own procedural rules and the Chief Justice's allocation of benches govern the details, so confirm which bench currently hears the type of writ you are filing.

1. Assess the case. Identify the exact decision, the authority, the statutory power relied on and the legal errors. Collect every document.
2. Check preconditions. Consider standing, alternative remedies, delay and whether Article 117 or another bar applies.
3. Notice demanding justice. Where time allows, write to the authority setting out the error and asking it to correct the decision. A refusal or silence strengthens the petition, especially for mandamus.
4. Draft and file. Prepare the writ petition, verified by affidavit, with the impugned decision and supporting documents annexed, and file it with the High Court Division.
5. Motion hearing. Move the petition before the bench. If the court finds an arguable case, it issues a Rule Nisi calling on the respondents to show cause, and may grant interim relief such as a stay.
6. Opposition and hearing. The respondents, represented by the Attorney General's office or their own counsel, file an affidavit-in-opposition. The petitioner may reply, and the Rule is heard.
7. Judgment and compliance. The court makes the Rule absolute, granting relief, or discharges it. A party may then seek leave to appeal to the Appellate Division under Article 103.

Interim relief

In judicial review in Bangladesh, a stay or an interim direction can be decisive, because a licence cancelled or an account frozen for a year may destroy the business before the final hearing. Article 102(4) restricts interim orders that could prejudice development work or otherwise harm the public interest unless the Attorney General has been given notice and an opportunity to be heard. Prepare to show urgency, a strong prima facie case and that the balance of convenience favours relief.

Appeals and enforcing the judgment

A party dissatisfied with the High Court Division's decision can file a civil petition for leave to appeal in the Appellate Division within the time fixed by the Appellate Division rules. If leave is granted, the appeal is heard in full. The government frequently appeals adverse writ judgments, so a successful petitioner should plan for that stage too.

Judgments are binding on the authorities named. If an authority ignores an order, the petitioner can apply for contempt under the Supreme Court's constitutional power to punish contempt in Article 108. In practice, a respectful letter enclosing the certified judgment and asking for compliance often resolves matters without contempt proceedings. Our overview of the structure of the Supreme Court explains how the two Divisions relate.

Recent developments to watch

The 2024 to 2026 period brought significant change around the judiciary, with possible consequences for judicial review in Bangladesh. On 9 April 2026 Parliament passed the Supreme Court Judge Appointment (Repeal) Bill 2026, revoking the 2025 ordinance that had set up a judicial appointment council, while saving appointments already made under it. The February 2026 referendum endorsed the July National Charter, which proposes High Court Division benches in each division and stronger guarantees of judicial independence.

Those reforms require constitutional amendments, which were still being worked through at the time of writing. Article 102 itself has not been reported as changed, but where and how writ petitions are heard could change if permanent divisional benches are created. Check the current position before filing outside Dhaka.

Preparing a strong petition

Good judicial review in Bangladesh is won on preparation. The petitions that obtain a Rule and interim relief at the first hearing share a few features:

• A clear target. One identified decision, quoted accurately, with the date and the authority named correctly.
• The statute in front of the judge. The empowering provision and any rules annexed or quoted, showing exactly where the authority went wrong.
• A complete record. Every notice, reply and order in date order, so the bench can see the chronology at a glance.
• Proportionate relief. Relief that the court can realistically grant, such as quashing and remitting for fresh decision, rather than asking the court to make the decision itself.
• Candour. Full disclosure of facts, including unhelpful ones and any parallel proceedings. Concealment can lead to discharge of the Rule.

We also advise clients to keep dealing politely with the authority while the case is pending. A negotiated fresh decision, recorded before the court, is often the quickest and cheapest outcome.

Frequently asked questions about judicial review in Bangladesh

How we can help

We advise companies, investors and individuals on judicial review in Bangladesh, from the first assessment of a regulator's decision through the notice demanding justice, the writ petition, interim relief and any appeal in the Appellate Division. We also help clients use statutory appeals and negotiated solutions where they are faster. Learn more about our public and administrative law practice.

Primary sources: the Constitution of the People's Republic of Bangladesh and the Administrative Tribunals Act 1980 on the Laws of Bangladesh portal; cause lists, rules and judgments of the Supreme Court of Bangladesh.

This article is general information about Bangladeshi law as of 2026 and is not legal advice. Court practice, bench allocations and constitutional provisions may change; confirm the current position with a qualified lawyer before acting.